SUBHAS AGARWAL Vs. BIJOY NAGAR TEA CO LTD

JUDGEMENT

(1.) - The Court: An utterly dishonest defence has been set up in a Court of law with full knowledge that it is dishonest and by relying on palpably false documents. It is unfortunate that there is no screening at any level to filter such untruthful stands for them to be weeded out before they actually reach the Court. It is a sad commentary on the state of affairs; as it has now come to pass, any frivolous claim or specious defence is thrown at Court without the slightest hesitation or fear of the adverse consequences.

(2.) The petitioner has claimed on account of price of goods sold and delivered. The simple claim of the petitioner is that he supplied gunny bags to the company which carries on business of manufacture of tea. Over a period of time, the company, in purported discharge of its liabilities, issued seven several cheques amounting to a total of Rs. 43,43,933/- as per the following particulars:

(3.) Date Cheque Nos. Amount 16.12.2005 430840 Rs. 3,00,000.00 18.12.2005 430841 Rs. 3,00,000.00 20.12.2005 430842 Rs. 3,00,000.00 08.06.2006 430877 Rs. 3,00,000.00 10.06.2006 430578 Rs. 3,00,000.00 12.06.2006 430579 Rs. 3,00,000.00 20.06.2006 120751 Rs. 25,43,933/- All the cheques save the last were drawn by the company on the State Bank of India, Dalhousie Square Branch, Calcutta. The last was drawn on ICICI Bank, R. N. Mukherjee Road, Calcutta. Prior to the present petition being filed, the petitioner had instituted CP No.416 of 2006 on the self-same cause. At the hearing it was noticed that the petitioner was unable to produce the acknowledgement card evidencing service of the statutory notice on which the previous petition was founded. An order dated Aug. 27, 2007 recorded that since the service of the statutory notice was a precondition for a creditor invoking Sec. 434(1)(a) of the Companies Act and the petitioner had not satisfactorily demonstrated service of the statutory notice, the petition was liable to be stayed. Leave was given, however, by such order to the petitioner to file afresh and otherwise pursue the petitioners claim in accordance with law.